New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-07-24
CIVIL RIGHTS IN TRAINS.
SOME LIGHT ON SOUTHERN BRUTALITY.
RAILROAD COMPANY THAT TOOK ALL THE MONEY
IT COULD GET AND THEN ALLOWED A COL
OREn pAssRNGRp TO nE MAIrpEATEn

| A RAILROAD COMPANY THAT TOOK ALL THE MONEY
1T COULD GET AND THEN ALLOWED COL
oRED PASSENGER TO DE MALTREATED.
WASHINGTON, July 23.-The Interstate Commerce
Commission to-day gave hearing IN the case OF
William H. Counci against the Western ana Atlantic
Railroad. Councill is the colored man who, having
purchased 6-st-class ticket charges that he re-
fused permission t. ride in frst-class and Was
forced to go into the smoking The railroad CON-
pany was represented by Julius L. Brown of Atlanta,
and the complainant Dy John d. Brandon and Oscar
r. Hundley, OF Huntsville. Mr.. Brown interposed
some objections to the admission of certain deposit
toDs. ana during brief discussion which ensued Mr.
Brown stated his purpose to enter motion to throw
out the complaint upon the ground OF lack OF iursdc-
tion this being, he asserted, merely claim for
damages. The chsrman in reply said the Commission
would not sit here to try any question OF dam
ages. but that this much more. Here were charges
of unjust discrimination against class of citizens. IL
there were such case 1t ought to arise upon facts
which are open. public and notorious, and there
ought to be no difficulty IN regard to them
The objection being overruled the charges and
response were read. The gist OF the railroads reply
Is that the complainant went into ladies' car in
defiance OF the rules OF the company and refused to
60 into the other car and that 1t was the passengers
and not the train men who assaulted him. The
answer admits the duty OF the company to furnish
equal accommod atoms for all irst-cass passengers,
but 1t claims the right to classify passengers either by
the color-line otherwise.
After the reading of number of dispositions Mr..
Councill was sworn. He Is an intelligent colored
ran, we'll dressed selpossessed and OF good address
He is = minister and principal OF the State Normal
School at Huntsville. He told the story of his ejec-
tion from the car In which he had taken a seat He
entei ed tho without objection the part OF
one He was told by some one, whom he did not
recognize as train man. that he must go forward to
which he paid no attention. He was finally ap-
preached by two men, one of whom carried lantern
and the other lad his hand upon his hip pocket he
nan with tie lantern seized witness, hit him over
the head several times with the lantern cutting his
head badly and breaking the glass Witness appealed
to the passengers but without avail His assaants
then seized and carried him INTO the forward car
I his filthy and fnll OF smoke. As he was
being pushed from TO the other the brakeman
told him this Shat he got for not moving whom
requested
Counsel for the respondent opened his side Of the case
byreading series Of depostons. From one by pas
senger named Whitsett the following appears to have
been the style OF Mr. Councilrs invitation to change
walked forward to the front end OF the car and told
Mr Bvin' the na.nan that wanted his lantern TEL ma
walked back to where Counc sitting and told him
there was to Sc no more foo'aness INA. did not wan
that he would not 60 and tnen grabbed hlm in the
knocked him out OF his seat and pulled him out lie fell
70 the door and as be raised he came toward me and
s hi nave again w!th tne ahesn & M .s MN S sersg rni
OF the into the darkeys He Willing TO go
By the time got through with him.
Mr.. Brown submitted motion to dismiss the case.
Both sides submitted printed briefs and the hearing
ended The defcndants' briefs are two in number; the
first maintaining the night OF railroad 10 classify its
passengers the color line the second discussing the
question OF Jurisdiction. The complainanrs brief adj
nng the rgL OF classification maintains that II Ia tie
duty o the railroad to furnish equal facilities and CON
veniences for the two races.
WASHINGTON July 23.-The Interstate Commerce Com =
mission has cleared Its docket OF cases assigned for
hearing In the present month. Commissioner 5choon
maker left the city this evening for his home In New
York and his colleagues will probably leave Washington
week IL Ia their purpose 90 take recess ln the
month OF August, and to resume public duties on sep
tember at which date they have assigned hearing at
Rutland, VI.